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Published in:

Volume 7 Issue 10
October-2020
eISSN: 2349-5162

Unique Identifier

JETIR2010154

Page Number

1221-1225

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Title

Revisiting Urbanization and the Right to Environment under Article 21 of the Constitution of India

ISSN

2349-5162

Cite This Article

"Revisiting Urbanization and the Right to Environment under Article 21 of the Constitution of India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.7, Issue 10, page no.1221-1225, October-2020, Available :http://www.jetir.org/papers/JETIR2010154.pdf

Abstract

Many doctrines like the Public Trust Doctrine, the doctrine of Parens Patriae, and principles like the Polluter Pays Principle, the Precautionary Principle, the absolute liability principle etc. have been invoked for the protection of environment. The courts have reiterated time and again a Right to a Clean and Healthy Environment. The rule of locus standi has been diluted for the sake of environment concerns. Public Interest Litigations can be filed. Statutes have been enacted, yet the right to a clean and healthy environment seems elusive. The depleting ground water levels, the Amazon fire, the Aarey land acquisition matter, the Varthur lake and Bellandur lake fire, Delhi Pollution are just few of the many nightmares of the urban world. This paper seeks to conceptually examine this right in the context of these problems of the urban world. It makes a jurisprudential analysis of the right. It traces the origins of the right. It also grapples with the question of property and ownership of natural resources that constitutes the environment. In so doing it elaborates on the naturalist theory of perceiving the right as a freedom to enjoy the natural resources albeit responsibly largely drawing from the works of Grotius, Pufendorf and Locke and concludes that in the freedom of enjoyment of nature’s bounty the law is carving a right duty relationship and has failed to clearly define the boundaries of the right. It has failed to articulate the right effectively. It argues that this third generation right lacks enforceability and is a weak right.

Key Words

Right to a Clean and Healthy Environment, Hohfeldian analysis of right to environment, Urbanization, Sustainable Development Goals, Environment Sustainability

Cite This Article

"Revisiting Urbanization and the Right to Environment under Article 21 of the Constitution of India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 10, page no. pp1221-1225, October-2020, Available at : http://www.jetir.org/papers/JETIR2010154.pdf

Publication Details

Published Paper ID: JETIR2010154
Registration ID: 302093
Published In: Volume 7 | Issue 10 | Year October-2020
DOI (Digital Object Identifier):
Page No: 1221-1225
ISSN Number: 2349-5162

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Cite This Article

"Revisiting Urbanization and the Right to Environment under Article 21 of the Constitution of India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 10, page no. pp1221-1225, October-2020, Available at : http://www.jetir.org/papers/JETIR2010154.pdf




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